Regards Timothy Bradshaw. A speeding ticket (or NIP) must be sent to the vehicle with the purpose of being received by the registered owner within 14 days after the offence. If youre caught speeding in the UK, you could be: Youll only be summoned to court for excessive speeding or if you already have at least eight penalty points on your license. This cookie is set by GDPR Cookie Consent plugin. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Huddersfield If the car has been deliberately registered at the wrong address, there may not be any insurance in place and there could also be possible fraud charges due to a false registered address. Lets look at what happens with a speeding case: When a speed camera or a police officer with a speed detection device sees a vehicle speeding they record the registration number. Patterson Law Limited is a law firm authorised and regulated by the. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? Surely this is way too late for them to take any action. I am now in the 28 days reply period. The consequences are often costlier and more serious than a speed awareness course or three penalty points. Stephen, Hello Steve, I have just received a Notice of Intended Prosecution through the post alleging a speeding offence of 35 mph in a 30 mph zone. All information was correct at the time of publication. Make sure that you get proof of postage and keep a copy of your response. That is the job of the keeper who has a legal obligation to tell the police who was driving. a red light); careless driving; Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? You wont have to pay the fine and you wont have to accept penalty points on your license. Stephen. Some old cases decided by the High Court have set a precedent to say that the court can infer that the registered keeper was driving If there is some other evidence to support the inference. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. They dont receive a reply due to the fact that they dont exist. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. If I cant identify the car at the first camera, and/or dont have the time it passed that camera how do I know the details of the offence are sound? ), You received a verbal warning instead and wont receive a NIP. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in question. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. However, its important to remember that a NIP doesnt have to be sent to the registered vehicle keeper if a police officer gave you a verbal warning and collected the required details. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. The magistrates might decide that there is enough evidence anyway. Editor, Marcus Herbert. Liverpool The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. Most motorists are aware that the police have statutory power to require the registered keeper of a vehicle to say who the driver of it was on any specified occasion. You could try Michael Lyon Solicitors in Glasgow. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. Failing to do so could result in prosecution for failure to furnish driver information, which often carries a more severe penalty than the original offence. Sometimes the police give a link to a photograph from the speed camera online. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. If you were the driver of the vehicle at the time of the alleged offence, you may be concerned about the potential consequences of admitting that you were driving the vehicle in question. But above all it is not worth the risk. This one isnt so much as a scam as a mis-understanding of the law. Admitting to driving the vehicle at the time of the alleged offence does not mean that you are admitting to committing the offence, simply that you were driving the vehicle. If you need to discuss the details, give me a call on 03301116074. And they were all within the space of 15 minutes. Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, need to seek legal advice from an experienced motoring offence, potential consequences of admitting that you were driving, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? There are circumstances where you may not have received the NIP within 14 . Notice of Intended Prosecution by Pete / CC BY. Caddick Davies is recognised as one of England and Wales leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or totting up (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence. If youre unsure of how to respond to a notice of intended prosecution, its best to seek legal advice from a specialist motoring offence solicitor, rather than ignoring the section 172 request. The police didnt serve the NIP in time. If you receive a notice of intended prosecution after the 14-day window has elapsed, its worth seeking legal advice from a specialist motoring offences solicitor. However, there are some exceptions. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. For example, if the registered address is wrong or associated with a hire company, it may take longer than 14 days for the ticket to reach you. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. Nottingham Slater and Gordon 2023. The photograph is a red herring. Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. They will get six points and a fine all of their own. The company still gets fined for failing to provide driver details as well. They go to extraordinary lengths to avoid justice. Thats where they get the names from. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. This is done by issuing a Notice of Intended Prosecution (NIP). An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. Loss of opportunity to do a course or accept a fixed penalty. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 3. Your email address will not be published. Does this make any difference? In some circumstances, you might have a legitimate reason not to pay a fine. Evidence will be required before a driver can be prosecuted for speeding. Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. Possible Offences Covered by a Notice of Intended Prosecution The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. What action should you take? 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. Their case is at court. I have received a NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. I hope that it is obvious. The NIP must have been received within 14 days since the date of the alleged speeding offence. They then dont accept a fixed penalty or a course and take the case to court. The notice may be received several months after the alleged offence took place and still be prosecuted. Saying to the police or the magistrates court: All these have been tried, tested and failed. If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it won't be a defence because the police will have still complied with the rule to send it to the last . I have sent you an email about your case. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. They will work with you to find the right way forward for your individual case. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Hi i received a nip for doing 34mph in a 30mph but it didnt offer a driver awareness course, when i checked a week ago i was only 1 week short of a clear 3 year period. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. The date on my newly updated V05 document is. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? This informs you that the police are considering prosecution for an alleged motoring offence. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. If you're caught by a speed camera Within 14 days of your car being caught speeding you'll be sent a: Notice of Intended Prosecution (NIP) Section 172 notice You must return the. I am sure that some people do get away with notice of intended prosecution loopholes and scams. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. These cookies track visitors across websites and collect information to provide customized ads. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Certain types of finance are not regulated, such as bridging loans. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. So if the alleged offence happened on the first day of the month, did you get the Notice of Intended Prosecution at your last known address by the 15 th day of the month. DVLA give the name and address of the registered keeper to the police. You can find out more by contacting MoneyHelper. Is the speed alleged on the NIP an average over two or more points or at a single point? If you think the NIP is incorrect or issued outside of the 14 day time limit this may be a defence to the speeding allegation, however, you must still respond even if you do not know who was driving. It statesthe allegation is supported by video/dvd evidence and/or photographic evidence. But no information as to how this can be viewed or obtained. The police have up to six months to issue you with a speeding fine. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. There are a number of reasons why you may not have been issued a notice in the post within 14 days. Notice of Intended Prosecution. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. The driver ends up with a fixed penalty for three points or a court case instead. I have received a NIP for speeding, however at the date and time shown on the notice, I am 99% sure I was at home with the car. The prosecutor could also put a charge of failing to provide driver details. They can prosecute the registered keeper or anyone else who they sent a notice to. You have to respond to say who was driving or you might get 6 points and a fine. How do I challenge this charge. Is there a defence for this? If you are unsure it is highly advisable to seek specialist professional advice as soon as possible to ensure that you are providing the response required under law. Stephen. They make sure that the envelope is sent by registered post. I have just received a Notice of Intended Prosecution for speeding. Offer you a speed awareness course, which will result in no points being endorsed on your licence. If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it wont be a defence because the police will have still complied with the rule to send it to the last known name and address etc. They accept that they were driving and go on a course or accept a fixed penalty. 03301116074. There is no information given to say what the time was at each camera, which if course would be necessary as the speed calculation is reliant on both the speed at each camera and the time and distance between the two. But what happens if you have been given a Notice of Intended Prosecution- a notice from the police to say you have committed a motoring offence- that you think is unfair and want to contest? Find out how these notice of intended prosecution loopholes and scams dont work: The police send most notices out for speeding offences, but they can use them for a whole variety of other cases such as careless driving, dangerous driving or running a red light. MoneyNerd does not give specific debt advice and we recommend that you always discuss your personal situation with a qualified adviser that works for a company that is authorised and regulated by the Financial Conduct Authority. Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. Cases of perverting the course of justice must be dealt with in the Crown Court. Why So Much Free Information Whats The Catch? The cookies is used to store the user consent for the cookies in the category "Necessary". If you do not respond, or do so outside the time limit, you may be prosecuted for the offence of Failure to Furnish Driver Information which carries six penalty points in addition to a fine. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. If you want to discuss the case, please give me a call on 07984 436464. MoneyNerd Limited is a free to use service, however we may receive a commission, at no cost to you, if you complete a loan, enter into a mortgage, remortgage or equity release agreement. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. They can accept this or allow the matter to go to court where the fine can become bigger. If the details of the driver at the time of the alleged offence are not known, the notice of intended prosecution will contain a section 172 request to provide the drivers details. These cookies will be stored in your browser only with your consent. We Will Answer Your Motoring Offence Question Free A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. Its important to remember that responding isnt an admission of guilt and youll be able to defend the allegation at a later date if required. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. The form provided with the Notice of Intended Prosecution is a self-serving statement, as such it must be signed by the person providing the information, either in the format provided or similar written format. The Notice of Intended Prosecution comes before the actual speeding fine. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. The police send out a requirement to provide driver information. Filling in this section 172 request does not mean that you are admitting to the alleged driving offence, only that you are admitting to driving the vehicle at the time. I received a NIP for a vehicle I dont own and have never driven in a place I have never visited or even heard of.It seems someone used my name and address to obtain insurance.The police got my details from the insurance company. You have a legal duty to respond to a section 172 request for driver details, and failure to provide these details within 28 days could result in prosecution for failure to furnish information.
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